85R7475 SCL-D By: Roberts, Gutierrez, et al. H.B. No. 1183 A BILL TO BE ENTITLED AN ACT relating to the prohibition by counties of the use of fireworks during certain hours; creating a criminal offense. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter C, Chapter 352, Local Government Code, is amended by adding Section 352.052 to read as follows: Sec. 352.052. PROHIBITION ON FIREWORK USE DURING CERTAIN HOURS. (a) In this section, "fireworks" means any composition or device designed for entertainment to produce a visible or audible effect by combustion, explosion, deflagration, or detonation. (b) The commissioners court of a county by order may prohibit the use of fireworks in the unincorporated area of the county during the hours specified by the order. The order may include: (1) an exemption for holidays, including New Year's Eve and July 4; and (2) a process by which a person may apply to the county for a permit to use fireworks during a time prohibited by the order. (c) A person commits an offense if the person intentionally or knowingly violates a prohibition adopted under this section by the commissioners court. An offense under this subsection is a Class C misdemeanor. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2017.